Planning Board approves surety and releases six lots for Ruby Estates at 96 Mount Victory Road

The Southborough Planning Board on June 22 accepted a surety agreement and voted to release all six lots at the Ruby Estates subdivision, 96 Mount Victory Road, clearing the way for the developer to record deeds and start selling homes.

Planning staff said Nitsch Engineering completed an as-built review and that a previously flagged drainage-easement issue had been resolved. "Everything's in order, everything's in place," planning staff member Carina said, presenting the final surety agreement that Town Council had reviewed. The board noted that a final bond number appeared in the materials emailed earlier that day and that the developers had provided the required surety agreement form.

Member Debbie said she had reviewed the surety and was "in favor of releasing lots tonight." Ellen asked about a draft bond page that lacked a number; staff confirmed a final copy with the bond number was available. The board voted by roll call to accept the surety agreement and then voted to release the six lots shown on the definitive subdivision plan.

After the vote the board signed the documents; staff said the signed surety agreement and lot-release form will be notarized, filed with the town clerk and recorded at the registry of deeds.

The approvals are procedural: the votes accept the developer's surety and permit the town to hold the bond in case required work is not completed. Any outstanding performance items tied to the bond remain enforceable under the surety and the subdivision decision.